Wednesday, August 15, 2012

(Malaysiakini) A 36-year-old man died in police custody yesterday morning, much to the shock of his family, who lodged a report over his death in Jalan Pattani Northeast police headquarters, Penang, today.

The man's brother-in-law Looi Chooi Aik said the family met with one Inspector Azmin in the Tanjong Tokong police station at about 11am this morning and was told that Cheah Chin Lee had died.

Cheah, who works at a furniture shop, was as arrested at about 12am early yesterday morning and was brought to the Jalan Pattani police headquarters for a urine test until 2am, Looi claimed.

It is believed that Cheah was arrested for suspicions of car theft involvement.

"According to this Inspector Azmin, Cheah was brought back to Tanjong Tokong (police station) at about 5am and was found dead 20 minutes later," Looi, 45, told reporters outside the police headquarters.

Looi, who is a training manager, said he lodged the report to urge police to carry out a thorough probe into the death of his brother-in-law.

He added that as a member of Cheah's family, he cannot accept the result of the post-mortem report that says the latter died of "asphyxia due to hanging".

"We cannot accept the report. We want police to be responsible for his death.

"I cannot accept the police's explanation that Cheah died from suicide because there is no proof," Looi said.

Looi said there was no reason for Cheah to commit suicide as he had a "permanent job and was emotionally stable".

He urged the police to provide the family with a CCTV recording of the incident and expressed shock that "a man detained could have committed suicide in five hours".

No cover up

Georgetown OCPD Gan Kon Meng said an officer would be assigned to investigate the case, saying there would be "no cover up".

Gan said that police would investigate the case from all angles to see if foul play was involved, adding that investigation papers would be submitted to the public prosecutor as soon as possible.

"The papers would include recommendations for an inquest and further instructions on how to proceed with the case," he told reporters.

Suaram secretariat member Ng Eng Kiat, who accompanied Looi to the police station, said family members of the deceased were unable to accept the police’s explanation.

Ng said the family had received the post-mortem report from the hospital but the one-line report was most unsatisfactory.

"The family is questioning how the forensic department can come to that only conclusion when the cause of death could have been other reasons," Ng said.

Ng added Suaram is "deeply disturbed" over the incident as there have been other incidences of death in police custody over the years.

"We are disturbed because a citizen who has never been convicted of any crime can suddenly die after being arrested for only less than six hours.

"The police is supposed to protect the community and carry out investigations on cases to identify the perpetrators. The police station should be the safest place but it is clearly not so," he added.

Pic [L]. Agitated protesters of a Muslim group damaging a bus at Albert Ekka Chowk in Ranchi on 10-08-2012 in a protest against the killings of Muslims in Myanmar.Pic [R]. Agitated protesters of a Muslim groups start for a Jihadi activities in Mumbai on 11-08-2012 in a protest against the killings of Muslims in Myanmar and Assam.Anti National Muslims of India want to create Jihadi hell here.
It is not the right time to end up these Islamic menace through a great retaliation by Hindus?~ Upananda Brahmachari.

An exalted Jihadi Rioters in Mumbai

The hell of Islamic Jihad is spreading all over India to simply burn out the Hindu Kafirs here. And unfortunately Hindus are voluntarily jumping to that Islamic hell of fire in an utmost embarrassment.

In the row of so called protest over the killings and riots against Rohingya Muslims in Myanmar and the illegal Bangladeshi Muslims in Kokrajhar, Assam, their Indian Counterpart waged against a jahadi war against the State and public in general. By the by, these Rohingya Muslims are also the illegal Muslim population migrated from Bangladesh and have established a huge settlement of 4500 Rohingyas in the capital city of India,Delhi.

As per available information, 50,000 illegal BD Muslims have been efficiently disappeared from the North Bengal bus stops, railway stations, markets, urban and rural areas and obviously from the refugee camps for Kokrajhar victims (?), so warmly maintained by the West Bengal Govt and ruling TMC party as well. As per record these migrant BD Muslims are the head ache for the State administration from United Kingdom to United States. While the Bangladesh Govt. is negating the entry of Rohingyas in BD, the Muslim leaders in India have have lost their sound sleep in these matters.

The Indian Muslims are crying and retaliating for the illegal Myanmar and Kokrajhar Muslims. Ferocious Muslim leaders are raising a hue and cry in the state assemblies and Indian parliament for the rehabilitation of these illegal intruders as a new contingent of Islam to fight against the Indian Nation to break it up with fresh formation new Pakistans.

The anti national Muslims of Ranchi attacked the unwarranted Indian public all on a sudden to the Myanmar Muslim issue on Friday, 10th August; the Muslims of Mumbai plan fully gathered in Friday’s weekly prayer at Azad Maidan to protest the violence in Assam, while the Raza Academy also convened a protest meeting on Saturday (11/08/2012) to retaliate over Rohingya killings at Myanmar.

Sources disclosed that Raza Academy members were stunned to see the crowd swelling from their expected 1,000-odd number to over 50,000. Though police ascertains only a 12-15 thousand mob did all these holy Islamic activities against the State and its people.

The agitation was supported by other organisations like Sunni Jamaitul Ulma and Jamate Raza-e-Mustafa. Awami Vikas Party (AVP), a political outfit floated by former police officer Shamsher Khan Pathan, also took part in the protest.

As per reports Maulana Gulam Abdul Kadri (U.P) was main Culprit for Mumbai menace on 11/8 Mumbai riots, whose inflammatory speech changed the situation so virulent. When Maulana Gulam Abdul Kadri was giving a provocative speech, a mob of around 3,000 became agitated and came out of the Azad Maidan with banners, flags and bamboos in their hands and raised slogans. They were joined by a group of 1,000 young men who came out of the Chhatrapati Shivaji Terminus railway station. They raised slogans, used abusive language, and soon turned violent despite the police’s appeals for peace, the report stated. It is believed that the mob too wanted to join the protest.
Senior police officials said they were in the process of ascertaining if any provocative speech was made from the dais that instigated the mob. Official sources said 17 speakers were on the dais during the protest. Only five had finished their speeches. When the fifth speaker — Maulana Kadri — was giving a provocative speech, he was allegedly stopped by a policeman. The speeches made by Maulana Niyamat Noori, Guddu Bhaiyya, Maulana Akhtar Ali, Maulana Amanullah Barkati and Maulana Gulam Abdul Kadri are under the police scanner. The police said that if their speeches were found to be provocative, they would be arrested and booked under Section 153(a) of the Indian Penal Code. According to the report, the rioters allegedly molested women constables on duty, snatched two Self-Loading Rifles and one service revolver, 160 live rounds of cartridges, including 150 rounds of SLR and 10 rounds of service revolver. They also desecrated the ‘Amar Jawan’ memorial at CST and tried to burn down police vans with policemen in them. “It was sheer luck that we were able to rescue the policemen from the vans. The mob had locked them in and was not allowing them to come out,” a senior police officer told. Unofficially, it has been ascertained that 50,000 Muslims of Mumbai were participated and helped the rioters in various ways.
………………..

The police arrested 23 people in connection with Saturday’s violence at the Azad Maidan rally that left two people dead and many injured.All have been booked for rioting, murder and attempt to murder, molestation of women constables and damaging public property.

All the 23 rioters so far arrested by Mumbai Police are devout Muslims and fanatic Jihadis, some of them exploited and vandalised the iconic Amar Jawan Jyoti memorial near CST.
Now Mumbai police, having drawn flak for its massive failure to contain the riots on Saturday, is now going on an overdrive to nab the miscreants.According to reports, the entire force and its network is hot on the heels of these unidentified protestors, who kicked at the memorial, smashed it with a lathi, and then damaged the rifle and helmet inside the fibre glass casing.
……………
Mumbai might have been organised at the behest of elements linked to All India United Democratic Front. AIDUF chief and perfume baron Badruddin Ajmal, who represents the Dhubri Lok Sabha constituency, has been demanding dissolution of the Bodo Territorial Council, saying that its structure was skewed against non-Bodos (or Bengali-speaking Muslims) who formed the majority. Ajmal is said to have wide business interests in Mumbai. However, Ajmal has denied any AIUDF link to the violence in Mumbai. In these days Badruddin Ajmal of AIUDF and Asaduddin Owaisi, MP of Hyderabad and Leader of AIMIM (All India Majlis-e-Ittehadul Muslimeen) are going hand to hand to polarize Muslim vote bank and communalize the Indian Politics as Muslim League’s strategy as before.

Curfew in four areas in Bareilly, Uttar Pradesh.

In a very shrewd manner, the Muslims of India are now crying purposely for victim of Assam or Myanmar Muslims only to rouse a crude communal feelings in Muslims society so that the major portion of them can start a direct action against Hindus of their prime localities.

In this connection the riot situations have been plotted in Ranchi (Jharkhand) and Bareilly (Uttar Pradesh) also. The frenzy Muslim Mob directly attacked vehicles, shops and public life in Albert Ekka Chowk in Ranchi on Friday (10-08-2012) in the matter of Myanmar and Assam Muslims. But, in Bareilly the Jihadi Muslims foiled with Hindus over a Janmastami (Birth day of Lord Krishna) procession on (11-08-20112) and the Muslims speakers started provocation with the reference of Myanmar and Assam incidents.

Understanding these unholy design of Muslim provocateurs, we have to ugly and subversive strength behind it. Apparently the Indian Muslims are crying for Muslim brethren in Myanmar or Assam, but they are fighting the Islamic flag atop the Parliament or President’s House in India.

We have only one demand. We want a Muslim India.

In the demands of higher Muslim reservation in every sphere by notorious Azam Khan, the Uttar Pradesh Minister of Minority Welfare Deptt., or the demand of dissolution of Bodo Council in Assam by Badaruddin Azmal , or restrictions imposed on Ramnavami in Hyderabad by Akbaruddin Owaisi, the local MLA of the Majlis-e-Ittehadul Muslimeen,or demanding a Muslim Chief minister in West Bengal by Nazrul Islam, an IPS Officer in concurrent service, or the deadly lust for the killing of a law consultant Pallavi Purakayastha by a Muslim night-watchman (actually Kashmiri) to fulfill a Love Jihad, or a huge coordination between all the Muslim NGOs and the Religious groups to form an alternative political power in India to conquer the Indian scenario, have a certain unison for the simulation of Pan Islamism in India.

This making of Dar-ul-Islam in India cannot be completed with bloody Jihad. So the streets and corners of Mumbai, Korajhar, Bareilly or Ranchi are bound to see the repetition of bloodshed and social crisis with every possible ares in India.

Still then why Hindus are sleeping all along?

1. Our imposed secularism in Indian constitution always caring for the 2nd largest population of India, i.e. Muslims. But, what kind of treatments are given to the 2nd largest population of Pakistan and Bangladesh, i.e. Hindus there? Hindus of Pakistan and Bangladesh are leaving their soil after a sever Islamic persecution as a well-known factor now a days.

But the same persecuting Muslim people demand a prospective Pakistan once again. Now reservation, next new home land for Muslims like the demand of Pakistan as earlier. The Muslims strength about 3.75 crore now reached 18.75
crores. Just 5 times growth in 65 years. It can never be possible in any discriminating situation like the minorities in separated parts of India.

Muslims are flourishing enough in India within minimum reservation and maximum appeasement.

2. Again Muslims of India does not believe in Indian constitution and Vande Mataram unanimously. They believe and put high the Sharia above the Indian Constitution. So, their claims of constitutional reservation for job, education, politics, grants, subsidies, trades etc. are ultra vires.

3. This ancient land of Bharatvarsa was divided in Bharat – Pakistan on the basis of Two Nation Theory, very unfortunately in 1947. Higher majority of Muslims of then India voted Muslim League to perpetuate the Two Nation Theory. The claimed even exchange of population. They denied stay in an Undivided Nation with the Hindu Kaffirs. This is the reality of History so far ignored. MUSLIMS GOT THEIR PAKISTAN. THIS BHARAT IS OBVIOUSLY MEANT FOR HINDUS. Muslims have no right to stay in India. How the Muslims have got the rights to stay here to raise their cheater’s voice to make a new Pakistan here so openly. STOP MUSLIM RESERVATION MUSLIM RESERVATION IMMEDIATELY.

4. Hindus of Pakistan is now turned a microscopic race there with a meager 1.86% at present. In 1947 Hindus were the 16% of total population of Pakistan. But through an Islamic chain of persecution including killing, looting, molestation, ransom, abduction, hate preaching, forceful marriage and conversion, Hindus have been dying every moment in Pakistan. The Hindu batches coming to India and seeking long-term visa in India tell the truth. This truth relates to Islam which inspire Muslims to convert this whole world into Islam and the seize the live rights of Non Muslims. Statistics may differ, but the truth is virtual. From the beginning Islam captured their land by mitigating the rights of Non Muslims at any cost. Arab was fortified with 100% ethnic cleansing of non-believers. Gradually this Islamic theme was adopted in every Muslim Country for which Non Muslims are not safe in any Muslim Country or in any Muslim majority area. In Islamic Bangladesh the Hindus and Other Non Muslims are facing the same situation. Muslims always target the land, populace, women and money of others as a hard rock reality. The 27% Hindu population of Bangladesh in 1971 came down to 9% today under the same Islamic persecution.

This set examples of insane and brute Islam only demand a ravage retaliation to Islam by paying back them in their own coins.

5. While offence is the best defense, why Hindus of India do not undertake the ‘an eye for an eye, a tooth for a tooth’ policy to ensure Hindus’ safety, security and future. Hindus must start retaliation against persecuting Islam everywhere with an ultimate goal of Hindu Rashtra (Hindu State) in India, as one billion Hindus have no Hindu State in this world. The claim, war and establishment of Hindu Rashtra in Bharat (India) is the ultimate solution of Islamic menace in India.

A baby boy was born by Caesarian section on Monday, the product of a
successful smuggling attempt by a Palestinian prisoner who managed to
sneak out a sperm sample to his wife.

Baby Muhannad was born in a Nablus hospital to Dallal Ziben, a
32-year-old mother-of-two from a village in the northern West Bank,
whose husband Ammar is currently serving 32 life sentences in an Israeli
prison.

Palestinians are not permitted to receive conjugal visits, and although
Dallal Ziben has not set eyes on her husband for 15 years, she says she
fell pregnant after being artificially inseminated by sperm her
37-year-old husband managed to sneak out of Hadarim prison in central
Israel.

"Praise be to Allah who has blessed us after a long absence with my
husband in prison," Ziben told AFP shortly before going in for an
elective Caesarean.

"My husband and I, our two girls and the family have been waiting for this for such a long time," she said.

Ziben, who comes from Meithalun village between Nablus and Jenin,
already had an 18-month-old daughter called Basha'er when her husband,
who belongs to the Islamist Hamas movement, was arrested.

At the time, she was also five months pregnant with their second daughter, Bissan.

"I am very happy. This is the first genuine happiness in our house for more than 15 years," smiles Basha'er, now 16.

"When my mother told us she was going to get inseminated and give us a
baby brother, we couldn't believe it," she said. "We have always wanted a
brother and now the dream has come true."

After the expectant mother was wheeled into the operating theatre, a
group of women from the family gathered outside to wait, breaking into
celebratory ululation at the first sound of a baby crying.

Standing outside the operating theatre, the proud grandmother said her
son-in-law had named the baby after one of his friends "who was a
martyr."

Asked if the family objected to the way her daughter fell pregnant, she responded angrily.

"We are honourable people who are known for our good reputation and everyone supports us," she snapped.

For her son-in-law, who no longer has any immediate family living in the
Palestinian territories, having a boy gives him a way of prolonging his
line, she said, explaining that his mother, father and brother had
died, and that a second brother was living overseas.

Details of how the sperm was smuggled out of the prison was kept a
closely guarded secret, with the family refusing to give the slightest
information.

A spokeswoman for the Israel Prisons Service said she was not aware of
the pregnancy, and that security prisoners were not allowed conjugal
visits, with the Palestinian Prisoners' Club confirming the same
information.

"Visits by prisoners' wives are closely supervised by prison guards and
there is no way a prisoner could get time alone with his wife," said a
Nablus-based spokesman.

Dr Saalem Abu al-Kheizaran, head of the Razan fertility clinic in Nablus
which carried out the insemination procedure, said the sperm had been
subjected to a gender separation process to ensure the couple would have
a son.

"We received a sample of sperm from the husband in a reliable and
clinically secure way," he told AFP, without going into details.

"The couple wanted a baby boy, so we carried out a gender separation
procedure. We tried the insemination process three times from the same
sample, but the first two attempts failed," he said.

Abu al-Kheizaran said the right to have a baby was a universal human right.

"For us it is a humanitarian issue - everyone has the right to be a
parent. Prison must not stand in the way of this right," he told AFP.

Samer Samaro from the Nablus branch of the prisoners' ministry agrees.

"Having the child is a prisoner's right. We hope to someday reach an agreement with the Israeli side about this issue," he said.

Samaro said that even Israelis were allowed that right, including Yigal
Amir, the right-wing extremist who gunned down prime minister Yitzhak
Rabin in November 1995.

Amir, who was caught trying to smuggle sperm out of prison in 2006, was
later given permission to artificially inseminate his wife, who gave
birth to a son in 2007.

Says Samaro: "Even Rabin's murderer had a baby while he was in prison, so why should Palestinians be deprived of that right?"

13-year-old beat his mother with hammer

Police say a 13-year-old South Texas boy has been accused of using a hammer to beat his mother.

Corpus Christi police said Monday that the child has been charged with aggravated assault with a deadly weapon-family violence.

Senior Officer Julie Garcia says the boy remains in juvenile custody.
His name hasn't been released. Garcia says the mother suffered head, arm
and facial injuries that are not believed to be life-threatening.

Investigators say the incident happened Saturday night when the boy and his 33-year-old mother apparently got into an argument.

Police say the boy fled after the attack, but later returned to the family's apartment and was found hiding under a bed.

Mom spanked 5-year old with bag of glass for playing video games

A 24-year old woman is behind bars accused of spanking her 5-year-old son with a bag of glass for playing video games.

Alicia Anne Croney was arrested shortly after taking the boy to the
emergency room with a deep gash in his leg that required surgery.

The young mother told the doctor she hit the boy with what she thought
was an empty bag of Doritos that she had pulled from the trash.
Turns out the bag contained shards of glass from a broken jar.

Tulsa County Sheriff's Office Major Shannon Clark says he finds the story difficult to believe.

"That someone would spank someone with a Doritos bag is highly unlikely".

"Not that it didn't happen, but it seems like of all things that you
would have at your disposal in your home, a Doritos bag I'm just not
finding the relevance as far as how that would discipline a child."

Croney is being held on $50,000 bail on child abuses charges.

Man kept woman locked in bedroom for years

Police searching the apartment of a reputed gang member for drugs made an unexpected discovery, a woman padlocked in a bedroom.

The 44-year-old woman was discovered at the home of 42-year-old Michael
Mendez, believed to be a member of the Latin Kings street gang.

Investigators believe the woman was kept in the bedroom for extended
periods of time for the last two years and possibly as long as a decade.
Investigators said the woman was sometimes let out of the room, but only when her boyfriend was home.

Some neighbors say they had caught glimpses of the woman, others told
police they had no idea another person lived in the apartment.

Mendez is charged with kidnapping, false imprisonment and drug counts.

During the raid, state police seized 4,200 prescription pills, 190 grams of marijuana and $23,000 in cash inside his apartment.

by Mathias Hariyadi
In a letter, parish priest denounces the groups opposed to the church, forcing its closure. Over 200 faithful of the area gave their consent, but not enough to get the building permit. He adds, a Christian place of worship promotes harmony and provides employment opportunities for all.

Jakarta (AsiaNews) - The non-issuance of the building permit (IMB) and - consequently - closure of the church of St. John the Baptist in Parung, in the regency of Bogor (West Java), are due to the opposition of a local village chief and the Forum for Interfaith Dialogue. The charges are contained in a letter written by the parish priest, Fr. Aloysius Simbol Gaib Pratolo Pr, according to whom "All procedures to be made has been properly addressed, but we have not yet obtain support from local village chief of Waru". Added to this, the priest continues, is the obstruction of the Bogor inter faith forum which "continues to decline the invitation to sign the document." As a result the possibility is now remote that the local faithful will have a place of worship in which to meet and pray.

The process for building a church in Indonesia - Catholic or Protestant - is quite complicated and may take five to ten years to obtain all permits required by law. The procedure is governed by the Izin Mendirikan Bangunan (IMB), a species of written protocol that allows for construction to commence and is issued by local authorities. The story gets more complicated if it is a place of Christian worship: permission must be obtained from a number of residents in the area where the building is to be constructed and the local Group for Interfaith Dialogue. And even if the permission is granted "unspecified reasons" can come into play that will lead officials to block the projects. Often, this occurs after pressure from the Muslim community or radical Islamic movements.

On 6 August the security officials (the Satpol PP) in Bogor, West Java province, sealed off the Tulang Kuning "house of prayer" in Waru village, used by more than 6 thousand Catholics in the parish of St. John the Baptist. The faithful had used the chapel for six years on a regular basis for weekend liturgies and major Christian holidays, but in recent times they were being targeted by the authorities who - on three occasions - ordered the interruption of worshipp (see AsiaNews 07/08/2012 West Java: Catholics targeted by Bogor authorities, "house of prayer" closed down).

In the note the priest explains that the Christian community has gathered hundreds of signatures authorizing the construction of the building, including those of 13 village chiefs of the sub-district of Parung. What is missing is the signature of the head of the village of Waru, essential for the clearance, long promised but never received. "At least 200 local people - said Fr. Aloysius - have expressed their consent," but every effort seems useless. The block on the place of worship, the priest denounces, arrived 20 minutes from their being granted a letter of extension, which would have granted more time to obtain all the necessary permits.

Finally, the priest denies the charges made by the lunatic fringe of "fomenting religious intolerance". On the contrary, the presence of a Christian place of worship in the area "would also benefit the Muslim inhabitants of the area", because it creates a flow of people and encourages economic and commercial activities such as "stalls for the sale of food or other items. "

uncensored, Malay rights group Perkasa said today despite an uproar from Pakatan Rakyat (PR) leaders about the movie for allegedly portraying the Chinese community and DAP in a negative light in scenes depicting the May 13, 1969 race riots.

The award-winning director's controversial retelling about the administration of Malaysia's first two prime ministers amid the bloody May 13, 1969 race riots has been criticised by some PR politicians for its allegedly historically-innacurate depiction.

But Perkasa president Datuk Ibrahim Ali today backed Suhaimi, saying the film was historically accurate.

"The film is about history, even if the plot or scenes were controversial, we cannot change history and PR does not need to make that an issue," he told a news conference.

"We will negotiate and help Tanda Putera's film director to screen it without being it being censored," he added.

The independent MP for Pasir Mas rapped the PR opposition pact for claiming that the film could stoke racial tensions.

"Don't make this about party interests, this historical film must be screened for the people to remember and appreciate the country's peace and not just think negatively.

"I propose if PR still wants to make an issue out of this film, I will make a film about the opposition leader," Ibrahim said, referring to PKR's de facto chief, Datuk Seri Anwar Ibrahim.

He did not say what such a film on Anwar would focus on, but Perkasa has been a vocal critic of the opposition leader.

Several film critics have accused the RM4.8 million movie — fully funded by the National Film Development Corporation (Finas) and the Multimedia Development Corporation (Mdec) — of demonising early leftist movements and more hero-worship than tribute to the country's second prime minister, the late Tun Abdul Razak Hussein, who was also father to the current PM, Datuk Seri Najib Abdul Razak.

The trailer for the movie is reported to show scenes of Chinese groups marching through the streets of Kuala Lumpur after the success of the opposition parties in municipal elections carrying the Labour Party flag and other banners proclaiming anti-Malay slogans.

The banners written in Chinese characters depicted slogans that translated into ‘Malays go back to the village’, ‘Malays go die’ and ‘Take revenge’.

There has also been unverified reports that the film also shows DAP leader Lim Kit Siang desecrating a Malaysian flag.

The film's release has been put off pending a review by the authorities.

KUALA LUMPUR: A notice of bankruptcy has been filed against the Inspector-General of Police, the Selangor police chief and a Bukit Aman police officer over the government’s failure to settle damages ordered by the High Court in a case involving death in police custody.

Lawyer M Manoharan filed the notice on behalf of dependents of R Sundaraju, who died in November 2002 while he was under police remand.

The Kuala Lumpur High Court in October 2010 found the police officials guilty of failing to ensure Sundaraju’s safety and awarded general and special damages amounting to RM200,000 to his mother R Muthammal and brother R Dharmarajan.

The total amount now due, including interest, is RM311,706.85.

Manoharan said he would also apply for leave to execute the judgment on properties of the government.

The government lost its appeal against the assessment of damages last April and against the judgement last June.

“The government has lost all of the legal avenues and it still doesn’t want to pay,” said Manoharan, speaking at his office in Lembah Pantai this afternoon.

“The fruits of judgment has not been enjoyed until today. Attorney General Abdul Gani Patail should ensure that the government pays.”

He said the government’s failure to pay up was tantamount to contempt of court. He also said further delays would increase the burden of interest on taxpayers.

Sundaraju was beaten to death by nine detainees in a cell at the Klang police station, which was then under the control of district police chief A Paramasivam. Paramasivam now serves as an assistant police commissioner at Bukit Aman.

Sundaraju had been remanded after his wife, M Latha, lodged a police report alleging that he had subjected her to domestic violence.

Latha died of cancer two years ago, leaving her only child in the care of Dharmarajan.

KUALA LUMPUR: Astro Malaysia Holdings Bhd, a pay-TV firm controlled by tycoon Ananda Krishnan, has offered IPO shares to indigenous bumiputera investors with an indicative value of nearly US$700 million, a source with direct knowledge of the matter said, in an IPO the market expects to raise around US$1.5 billion.

The IPO, which is seen listing by end-September, would be Malaysia’s third-largest this year after share sales by Felda Global Ventures Holdings Bhd in June and IHH Healthcare Bhd in July.

The offer at RM3.60 a share opened late last week and will close at 4pm tomorrow, said the source, who declined to be identified as details of the deal were not yet public.

Based on the indicative price, the 597.69 million shares reserved for bumiputera investors would be worth about RM2.15 billion (US$688.88 million).

A draft prospectus that the company filed last week to regulators did not give any details on the size of the listing or the time frame of the IPO process.

Bumiputera, or “sons of the soil”, are majority ethnic Malays and other indigenous people in Malaysia favoured by a decades-old government policy in housing, education and business.

Cornerstone investors will be offered more or less a similar price, a second source with knowledge of the deal said.

“They have been approaching cornerstones,” said the source, who declined to be identified as the deal has not been made public.

Astro officials were not immediately available to comment.

Dividend appeal

Astro, with a residential pay-TV subscriber base of 3 million in Malaysia, stated in its draft prospectus that it targeted a dividend payout ratio of not less than 75% of its consolidated profit each fiscal year beginning Feb 1, 2013.

“We intend to adopt a policy of active capital management,” Astro said in the prospectus filed to Malaysia’s Securities Commission last Wednesday.

The plan is seen as a move to stoke investor interest amid increasing competition from other Internet protocol television providers in Malaysia, even though Astro has launched its own version of on-demand video via broadband, an analyst said.

“Pay-TV companies are always at the mercy of content providers. So costs are rising faster than revenue,” said the analyst, with an investment bank in Kuala Lumpur.

Astro made a pro forma net profit of RM629.62 million (US$201.74 million) for the fiscal year ended on Jan 31, 2012, a 23.9% drop from a year earlier despite revenue rising 6.1% on a better pay-TV business, the prospectus read.

The lower profit margin was due mainly to higher costs of marketing and financing.

Astro said it intended to use 58% of the proceeds raised in its forthcoming listing for capital expenditure – ranging from investments in new corporate and technical buildings to additional transponders, the prospectus showed.

Beyond the 58% allocated to capital expenditure it said 29.3% would be used to repay bank borrowings, 8.6% for working capital and the rest for listing expenses.

The company had hired CIMB as the transaction manager for the listing. Joint principal advisers are CIMB, Maybank and RHB.

CIMB led Astro’s delisting in 2010 in a deal that valued it around US$2.8 billion. The investment bank also handled its original IPO in 2003, along with Goldman Sachs, DBS and UBS.

Contrary to many people's negative response, I look at the formation of the Royal Commission of Inquiry (RCI) into Sabah's long-standing illegal immigrants problem in a positive way, and I am really looking forward to it.

To put it simple, just because of former Prime Minister Tun Dr Mahathir Mohamad alone, there are definitely reasons to set up the RCI.

I have no intention to innuendo, I just read his comments on his blog written, "On the basis of the length of stay and mastering of the national language, they qualify to be citizens of this country, and so the acquired citizenship”.

That's all. It is very easy to gain Malaysian citizenship. You can get an identity card as long as you stay for a period of time in the country, regardless of whether you enter the country legally or illegally; and master the national language, regardless of whether with Indonesian or Filipino slang.

No wonder there are rumours about the Project IC or Project M since a decade ago. Under the project, the country welcomes Filipinos and Indonesians with widely open arms and identity cards are issued to them very quickly. Similar to other Malaysians whose ancestors have long been here, they master the national language, love the country and when the time comes, line up to vote.

Here lies the problem. Illegal immigrants come to earn money while the authorities give them political rights. They are mutually benefiting, establishing a symbiotic relationship.

According to the population statistics, the Sabah population in 2010 increased to 3.12 million, a jump of 390% from 651,304 in 1970.

The 390% increase is not because of an extraordinarily high fertility rate, but is most likely because many foreigners, who have lived here for a period of time and mastered the national language, have become Malaysian citizens, through Mahathir's logic.

It is indeed necessary for the RCI to investigate whether such a citizenship acquisition is legal and who is actually responsible to it.

The illegal immigrant problem was worse with most changes during Mahathir's administration. The RCI should summon Mahathir to hear his noble words, as well as explanation for some key points.

It is also controversial that the large number of immigrants has changed the state's political ecology. The ratio of Muslim Bumiputeras has greatly increased while the number of Sabah Umno members has also increased by times.

The Sabah political arena was ruled by three racial groups in the 1960s to 1980s. The balance power among Muslim, Kadazan and Chinese enabled them to maintain tolerance and pluralism.

Under Mahathir's leadership, Umno entered Sabah and together with the change of the state's political ecology, Sabah Umno gained the dominance and since then, leads the overall situation.

The political power of the Kadazan and Chinese have been weakened and thus, discontent is sown.

Under pressure, Najib tries to appease the non-Muslims' discontent by setting up the RCI. However, the move has at the same time triggered rebound from the right wing and vested interest groups of Sabah Umno.

The RCI is definitely necessary for the state's own good. The RCI members must do their best while the people should give support.

But, sir, how did this come about? Why does it take an uproar for your ministers and government to snap into action.

Well, not the government. Only you, sir, and a few other lawmakers, figured it out but that too way after Section 114A of the Evidence Act was passed.

Is this People First, Performance Now?

Because tonight, sir, you reaffirmed that people come first.

"I have asked Cabinet to discuss section 114A of the Evidence Act 1950. Whatever we do we must put people first," you said on Twitter.

See, sir, you have to watch what's going on now within your government and supporters, including the sycophantic cybertroopers who support anything done by your colleagues without thinking about it.

Fact is, your ministers are also not thinking deeply when they propose such laws and amendments like S114A.

Your administration must be careful, sir, and engage the people and experts before drafting silly laws that presume guilt rather than innocence. It makes the enforcement's job easier but it is an injustice.

Don't you think sir?

See what happened now. Your tweet that the Cabinet will discuss this law smacks of a flip-flop, a U-turn. You don't need this, sir, because there has been a number of reversals since you took office.

So do us and yourself a favour, sir. Don't let it slide into a blackout protest for you to finally take action. Make sure your administration engages the public and come up with laws that nurture and make Malaysia better, not laws that curb our freedom.

You want our support, sir. Not our anger to bubble and push you out of office. Get your colleagues in line to make sure people come first and performance is now, not after a furore like today.
* Jaleel Hameed reads The Malaysian Insider.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider.

KUALA LUMPUR, Aug 14 (Bernama) -- Prime Miister Datuk Seri Najib Tun
Razak has once again proven that his government regards the people's
views as top priority when he directed the Cabinet to review
controversial amendments to Section 114A of the Evidence Act 1950.

Section 114A is one of two amendments passed in April and gazetted on June 31.

"I have asked the Cabinet to discuss Section 114A of the Evidence Act
1950. Whatever we do we must put people first," said Najib in his
Twitter Tuesday.

The directive by the prime minister who is an active Facebook, blog and
Twitter user, on the contentious amendments which are being hotly
debated on the Internet reflects prompt response by a national leader to
an issue.

Campaigns on the Act spurred by the Centre for Independent Journalism
(CIJ) and banners via Facebook with the heading "Stop 114A" have been
downloaded by the diverse internet users in the country.

A popular forum in Malaysia, cari.com.my has resorted to using plain
black and white colour on its site as a mark of protest against the Act.

Section 114A is argued to be lopsided as it can liberally bring to
court those who publish and replicate or post seditious and defamatory
contents in the Internet regardless of whether or not the material
originated from them.

The Internet Black-out Day to protest against Section 114A of the Evidence Act has made global news.
Global media groups BBC News, Times of India, ABC, The Nation,
Bangkok Post, and a host of US websites, as well as tech news websites
such as CNET reported on the unusual coordinated black-out.

As a side note, did you all suffer from withdrawal symptoms from
staying away from blogosphere and social media? Well, imagine what it
was like in the old days when there was no internet?!

By Jeyaseelen Anthony
Recently our Prime Minister had announced an allocation of RM180 million to uplift the economic standing of the Indian community.

It was indeed a major announcement and a big step forward on the part of the government to help the Indian community. However in practice whether this allocation will help Indians in the long run is doubtful.

Malaysia is still plagued by discriminatory policies which favour the majority bumiputera races. Announcing an allocation is rather easy but making the money usable for business or social purposes is another.

Take for example a real incident highlighted by Senator Dr S Ramakrishnan recently and I quote:

"One of my cousins wanted to import goats from Myanmar sometime in 2006. When he went to the Customs and Agriculture department for permits to import, he was told that he can only import under a bumiputera name.

"My cousin then went looking for a trusted bumiputra partner to import goats or at least lend his name for that purpose and he managed to find one. He imported goats and sold them in Malaysia.

"After the first import the bumiputera partner went to Myanmar and started importing himself. My cousin lost a reliable source of supply and income.

"This is how many small time Indian businessmen incur losses and face difficulty in doing business in Malaysia. My cousin was so frustrated that he brought many friends to the Hindraf rally on 25th November 2007.

"He also has buses transporting workers. He has to get a bumiputera to get a permit and pay a monthly fee to him for doing nothing. No other country in the world has this kind of cunning and malicious restrictions on its own citizens to do business."

Article 153: Intent, spirit and unfair implementation

Many non -bumiputeras face this problem. All this is done in the name of Article 153 of the Federal Constitution which provides for preferential treatment in favour of the bumiputera. Let's take a look at what Article 153 is all about.

It is implicit in Article 153(1) that "It shall be the responsibility of the Yang di-Pertuan Agong (YDPA) to safeguard the special position of the Malays and the natives of Sabah and Sarawak and the legitimate interest of other communities".

To set the record straight, the phrase ‘legitimate interest of other communities' means that it does not allow simply any kind of preferential treatment in favour of the ‘bumiputera'.

It is not a ‘blank cheque' but it merely confers limited powers on the government and Parliament, pursuant to Article 153, to derogate from the principle of equality and equal protection of the law.

The implementation of Article 153 has often been the bone of contention as many have argued that its implementation has been at expense of the other races in Malaysia.

For example, although Article 153 provides for quotas only for the issuance permits and licenses to the bumiputera, however, even government commercial contracts have been awarded solely to bumiputera companies, which is clearly not sanctioned under the Federal Constitution.

Even government linked companies (GLCs) and statutory bodies assign their work solely to bumiputera companies and some major banks assign their legal work only to bumiputera legal firms.

GLCs and local authority procurement and infrastructure building contracts are mostly given to bumiputera companies.

For example, local authority contracts for infrastructure building are solely given to Class F (not to forget the other types licenses like Class A etc under the purview of the Finance Ministry) licensed contractors, which is a type of license only given to bumiputera contractors although nothing in Article 153 of the Federal Constitution permits Parliament to restrict business and trade solely to bumiputeras for the purpose of reservation of quotas.

The issuance of vehicle AP's solely to the bumiputera is another example of a policy and system that is unconstitutional as it is against Article 153.

I now question how is the RM180 million allocation useful to the Indian community in view of these restrictions?

Allow me to digress here: The majority of employees at the GLCs and some major banks are Malay bumiputeras although the Federal Constitution only provides for reservation of quotas in the public service.

Ethnic quotas are imposed on private companies by government agencies and licensing is used as a way to get private companies to observe bumiputera quotas, a policy which is clearly against the Federal Constitution as Article 153 only provides for reservation of quotas in the public service.

Although Article 136 of the Federal Constitution provides for impartiality in the public sector, there have been complaints by the non-bumiputeras in the various government departments that they have been deprived from getting promotions or have been sidelined in favour of bumiputera candidates.

This explains why the non-bumiputeras shy away from seeking employment in the government sector and unfortunately it also explains the current brain drain that is currently plaguing our country.

These are several examples where the implementation of affirmative action policies has clearly gone beyond the limits of Article 153 of the Federal Constitution and has gone wrong.

The problem that is quite apparent here is that although the Yang Dipertuan Agong, after acting on advice of the Cabinet, is bound to give binding directions to the relevant authorities to ensure the reservation of quotas in the public sector, scholarships and permits or licenses in favour of the bumiputera, no one knows for certain what the percentage of the quotas are.

Is it 50%, 70% or 95% in favour of the bumiputera?

It is surprising to note that the Prime Minister had announced this RM180 million allocation without even looking at the realities on the ground.

I believe that the weaknesses of the government's policies must be repaired first before announcing any allocations to uplift any community.

With the type of restrictions and limitations pervading the non-bumiputera communities under the guise of Article 153 of the Federal Constitution, it would not be difficult to realize that the allocation given to the Indian community for business purposes will be futile.

Deterioration in race relations: What is the cause?

It cannot be denied that the improper and arbitrary application of affirmative action policies as provided under Article 153 has contributed significantly to the deteriorating race relations in Malaysia.

The deprivation of equal opportunities has caused racial tensions to run high in recent years. Therefore in order to improve race relations between the bumiputera and the non-bumiputera in Malaysia there should be legislative intervention.

The number of quotas and restrictions and qualifications in favour of the bumiputera are not well defined or specified under the Federal Constitution.

This loophole has led to the unfair, unbalanced and unreasonable implementation of Article 153. A race relations law must be introduced in Malaysia in order to remedy the imbalances and unfairness that has led to discrimination.

The intention and purpose of Article 153(1) when read as whole clearly provide for a balance between two competing interests, namely the protection of the special position of the bumiputera and at the same time safeguarding the legitimate interest of other communities as well.

However ambiguity arises when one realizes that the scope and meaning of the words "legitimate interest of the other communities" are not defined in the Federal Constitution.

Even the courts have not decided on this issue as the scope and ambit of provisions like Article 153 has not been litigated before in Malaysia, in the way it has been done in the USA and India. This lacuna in the Federal Constitution poses a problem to good race relations in Malaysia.

This is where I believe that an effective and well drafted Race Relations Act is needed.

Reasons for enacting race relations law

A comprehensive race relations law will provide the balance that the original drafters of the Federal Constitution had intended when they inserted the words "legitimate interest of the other communities" into Article 153 of the Federal Constitution.

A law on race relations would help prevent discrimination and promote equality in all spheres of life which affect Malaysians from all the different races.

There are two sides of the coin in support of this argument. On the one side, the bumiputera are protected from discrimination and at the same time their special position under the Federal Constitution is also preserved.

On the other, the non-bumiputera are also protected against discrimination in the spirit of protecting the legitimate interest of other communities as provided under Article 153.

A race relations law will not affect the special position of the bumiputera as widely believed by many i.e. a reasonable reservation of quotas can still be maintained in the areas specified under the Federal Constitution but if there are areas where a particular racial group is under represented in a particular trade or work area then the governing authority on race relations or the minister tasked to manage and regulate race relations under a race relations legislation will be empowered take remedial actions to solve the problem.

The Race Relations Act 1976 and the Race Relations Amendment Act 2000 (now replaced by the Equality Act 2010) in the UK, for example provides for such measures.

A Race Relations Commission can be created under the Act to implement the provisions of the Act and ensure the enforcement of the Act.

In fact the Yang Di-Pertuan Agong under Article 153 is bound to act on the advice of the Cabinet or a Minister acting under the authority of the Cabinet.

As such if the cabinet or the minister finds that there is indeed under representation of a particular racial group in a particular vocation or trade or sector and decides to take remedial actions, the Yang Di-Pertuan Agong is bound to act on that advice.

The current system clearly shows that the bumiputeras are over represented in many areas of employment in the public sector, in the government and the local authorities, in government and local authority procurement and in the public universities, etc.

This over representation has created a perception that the government is imposing exorbitant and unreasonable reservation of quotas in the areas mentioned in the Federal Constitution.

Surely, this is not what the Reid Commission had intended. In fact it is clear from the wordings of Article 153(1) that the drafters of the Federal Constitution did not envisage a system where reverse discrimination would be the order of the day.

The time has indeed arrived to see whether implementing quotas under affirmative action provisions are the way to go in light of the fact that globalisation has created a more competitive world where meritocracy is the order of the day, as compared to the time when the Federal Constitution was drafted in 1957 in particular Article 153.

Affirmative action should not be cause for economic stagnation. In fact the Reid Commission had intended that the communal-based policies would be eventually eradicated from the country's political and economic spheres.

Malaysia aspires to become a high income nation and to achieve this status we need to do away with raced-based policies that are currently plaguing our system.

The only way to create a conducive and market friendly business environment and to get the private sector to be the catalyst for the creation of a high income nation is to ultimately eliminate race based policies in all sectors of business and society.
_________________________________________________________________________________Jeyaseelen Anthony is an advocate and solicitor (non-practicing) and was also a member of the Bar Council Law Reform Committee. This article first appeared in Centre for Policy Initiatives( CPI).